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Colorado Health Foundation Fitness Court Grant DocuSign Envelope ID: B75A1A57-EBBE-45B6-8521-EDE92F2923CF The Colorado Health Foundation %1,4 GENERAL, GRANTS TERMS, CONDITIONS, AND UNDERSTANDINGS Title of Project: Physical Fitness for Children and Adults in Nottingham Park Grant ID#9379 Purpose of Project: Renovate and install infrastructure at Nottingham Park that will provide new and additional physical activity options for people of all ages. Grantee Organization: Checks to be Made Payable to: Town of Avon Town of Avon 1 Lake Street 1 Lake Street Avon CO,81620 Avon,CO,81620 Tax Identification Number: 840771088 Amount of Grant Awarded: Period for Which Support is Granted: $ 140,000 over a one-year period From June 15,2018 Through June 14,2019 Contingencies: Special Provisions: Grantee agrees to install playground signage provided by the Colorado Health Foundation to acknowledge support of this grant funding. Grantee to allow TCHF staff or consultants access to the project throughout the grant period to capture multimedia both pre and post project.This multimedia would only be used by TCHF to demonstrate impact of the grant.TCHF will work with the grantee to obtain any necessary client releases for distribution purposes. Expected Intermediate Milestones: Install Fitness Court(Summer 2018) Town of Avon and recreation department staff meet with Neighborhood Navigator to discuss bathers,mitigation strategies,and improved community engagement approaches(Summer 2018) Ongoing promotion and activation of the Fitness Court based on feedback from the Neighborhood Navigator and community engagement efforts Grant ID#9379 - 1 - DocuSign Envelope ID: B75A1A57-EBBE-45B6-8521-EDE92F2923CF Intended Measurable Results to be Reported on:N/A Requirement and Payment Schedule Requirement Due Date Requirement Payment Amount Approximate Payment Schedule June 18,2018 Executed Agreement $140,000 June 21,2018 July 15,2019 Final Report Payments are contingent upon receipt and approval of the associated requirements. The Foundation uses an online system to receive reports and other requirements.Please visit www.coloradohealth.org for more information *Project Director **Grantee Organization Primary Contact (please correct the information below if necessary) (please correct the information below if necessary) Mr.Matt Koch Mr.John Curutchet Recreation Programs Supervisor Director of Recreation Town of Avon Town of Avon 1 Lake Street 1 Lake Street Avon,CO 81620 Avon,CO 81620 *The project director is the individual directly responsible for developing the proposed activity,its implementation,and day-to-day direct supervision of the project. **The organization primary contact is the CEO/Executive Director of the grantee organization. Grant ID#9379 -2- DocuSign Envelope ID: B75A1A57-EBBE-45B6-8521-EDE92F2923CF The Colorado Health Foundation is awarding this Grant to the above named organization("Grantee") and Grantee agrees to, the following: 1. Tax Exempt Status, Grantee represents that: a. To provide current and appropriate documentation if organization is a government supported agency, such as school, museum, library or government agency or department. b. To provide The Colorado Health Foundation with immediate written notification of any changes in the organization's tax-exempt status. 2. Expenditure of Funds This Agreement(together with any income earned upon investment of Grant funds) is made for the purpose outlined herein and may not be expended for any other purpose without The Colorado Health Foundation's prior written approval. Expenditures of Grant funds must adhere to the specific line items in the attached Grant Budget. If the grant is greater than $50,000, changes to individual line items (increases and decreases) that are greater than 25% of that line item and greater than $1,000 must be requested in writing to The Colorado Health Foundation Grants Director and approved in writing by Foundation staff. Requests should be submitted using the form and instructions found at www.ColoradoHealth.org in the "For Grantees" section. If the Grant is intended to support a specific project or for a specific period, any portion of the Grant unexpended at the completion of the project or the end of the period specified above on Page 1 (the "Grant Period") shall be returned immediately to The Colorado Health Foundation. With prior written approval from The Colorado Health Foundation the Grant Period may be extended in order to reach the anticipated outcomes. Requests should be submitted using the form and instructions found at www.ColoradoHealth.org in the "For Grantees" section. 3. Prohibited Use of Funds Grantee will not permit any Grant funds or income derived from such funds to be used for "political expenditures" as defined in Section 4955 of the Code, including but not limited to participation or intervention in a political campaign for a public office. This grant is not in any way earmarked to support or carry on any lobbying or voter registration drive. Grantee hereby reaffirms that the project's current budget, attached to this grant agreement, accurately reflects Grantee's present intention to expend at least the amount of this grant on project non-lobbying and non-voter registration activities in Grantee's current fiscal year. Grantee represents that it is knowledgeable about Executive Order 13224 and the USA Patriot Act of 2001 and Grantee will not permit any Grant funds or income derived from such funds to be expended or re-granted so as to benefit any person or organization with ties to terrorists. Grant ID#9379 -3- DocuSign Envelope ID: B75A1A57-EBBE-45B6-8521-EDE92F2923CF 4. Anti-Discrimination Expectations Grantee will not willfully discriminate against a particular class of individuals and will abide by all applicable local, state, and federal anti-discrimination laws in hiring, employment practices and when providing services. 5. No Assignment or Delegation Grantee may not assign or otherwise transfer its rights or delegate any of its obligations under this Agreement without the prior written approval of The Colorado Health Foundation. 6. Records and Reports Grantee must keep a record of all receipts and expenditures relating to this Agreement and to provide The Colorado Health Foundation with a written report summarizing the project promptly following the end of the Grant Period. The Colorado Health Foundation may also require interim reports. Grantee reports should describe progress achieving the Grant Purposes (including progress toward measurable results and intermediate milestones outlined above on Page 1) and include a detailed accounting of the uses or expenditure of all Grant funds. Grantee also agrees to provide any other information reasonably requested by The Colorado Health Foundation. If Grantee obtains any audited financial statements covering any part of the period of this Agreement, copies of such statements shall be provided to The Colorado Health Foundation promptly after receipt. Grantee must keep the financial records with respect to the Grant and this Agreement, along with copies of any reports submitted to The Colorado Health Foundation, for at least four years following the year in which all Grant funds are fully expended. 7. Required Notification Grantee must provide The Colorado Health Foundation with immediate written notification of: (1) its inability to expend the Grant funds for the Grant Purposes; or(2) any expenditure of Grant funds for any purpose other than the Grant Purposes; and, (3) any other breach by Grantee of this Agreement. 8. Reasonable Access for Evaluation and Oversight The Colorado Health Foundation incorporates evaluation into its charitable grant-making so that it and the Grantee can understand the impact of the Grant and how to improve the impact of the charitable grant-making moving forward, and for the benefit of other Grantees and for the State of Colorado. As a condition to the receipt of this Grant, Grantee agrees to comply with and to participate in any requests from The Colorado Health Foundation to conduct an evaluation of the effectiveness of this grant (the "Evaluation") either individually with the Grantee or with multiple grantees as part of a broader strategy of The Colorado Health Foundation, including but Grant ID#9379 -4- DocuSign Envelope ID: B75A1A57-EBBE-45B6-8521-EDE92F2923CF not limited to follow-up reporting and/or additional activities above and beyond those listed in the Payment and Requirements section of this Agreement. Grantee will permit The Colorado Health Foundation and its representatives, at its request, to have reasonable access during regular business hours to its files, records, accounts, personnel and clients, or other beneficiaries for the purpose of making such financial audits, verifications, or program evaluations as The Colorado Health Foundation deems necessary or appropriate concerning the Grant and to discuss Grantee's programs,procedures and operations with Grantee's personnel. 9. Research Involving Human Subjects: If the Grant is to be used in whole or in part for research involving human subjects, Grantee hereby certifies that Grantee, applying the ethical standards and the criteria for approval of grants set forth in its Internal Review Boards and professional oaths, has determined that the human subjects involved in this Grant will not experience risk over and above that involved in the normal process of care and are likely to benefit from the proposed research program. 10. Publicity: The Colorado Health Foundation encourages Grantee to publicize information concerning the Grant in the Grantee's newsletters, annual reports, press releases, Web-site and other relevant media. Grantee will obtain written approval by The Colorado Health Foundation of any content promoting information related to the grant, the organization or Foundation staff prior to releasing or publicizing such information. If Grantee has received these funds for"General Operating Support,"The Colorado Health Foundation expects to be acknowledged as a sponsor for major events by the inclusion of The Colorado Health Foundation's logo in the event promotion materials and print collateral. The Colorado Health Foundation welcomes any photographs relevant to the Grant for The Colorado Health Foundation's use. Photos must have prior client releases (if applicable) for publication purposes. Without further notice to or consent from Grantee, The Colorado Health Foundation may include information regarding this Agreement and/or Grant, the amount and purpose of the Grant and photographs, logo or trademark, and other published/printed information or materials (provided by Grantee) and its activities, in The Colorado Health Foundation's periodic public reports, newsletters, Web-site and news releases. 11. Colorado Charitable Solicitations Act Grantee represents that it is aware of and in compliance with the Colorado Charitable Solicitations Act governing fundraising in Colorado. Grant ID#9379 -5- DocuSign Envelope ID: B75A1A57-EBBE-45B6-8521-EDE92F2923CF 12. Right to Modify or Revoke The Colorado Health Foundation reserves the right to discontinue, modify or withhold any payments to be made under this Agreement or to require a total or partial refund of any Grant funds if, in The Colorado Health Foundation's sole judgment, such action is necessary or prudent: (1)because the Grantee has not fully complied with the terms and conditions of this Agreement; (2)to protect the purpose and objectives of this Agreement or any other charitable interest of The Colorado Health Foundation; or(3)to comply with the requirements of any law or regulation applicable to Grantee, The Colorado Health Foundation, or this Grant. 12. Termination The Colorado Health Foundation's obligations under this Agreement shall automatically terminate in the event of the insolvency, receivership, bankruptcy filing, or dissolution of Grantee. In addition to its right of revocation under Paragraph 12 above, The Colorado Health Foundation may terminate this Agreement at any time by giving Grantee at least 30 days of written notice. Upon termination of this agreement for any reason, all payments by The Colorado Health Foundation to Grantee shall cease at such time as may be determined by The Colorado Health Foundation. Termination or revocation of this Agreement by The Colorado Health Foundation will not terminate Grantee's obligations under this Agreement with respect to Grant funds expended or otherwise not returned to The Colorado Health Foundation. Grantee's obligations under Paragraphs 6, 8, 10 and 16 shall also survive termination of this Agreement. 13. Special Conditions and Reporting Grantee will submit reports to The Colorado Health Foundation according to the reporting schedule set forth on page one of this Agreement. 14. Amendment This Agreement may be amended, supplemented or extended only by written communication signed by The Colorado Health Foundation. 15. No Partnership Agency or Third Party Beneficiaries Nothing contained in this Agreement shall create or be deemed to create a partnership or agency between The Colorado Health Foundation and Grantee and nothing contained in this Agreement shall be deemed to give rise to any rights or benefits to third parties not a party to this Agreement. Grant ID#9379 -6- DocuSign Envelope ID: B75A1A57-EBBE-45B6-8521-EDE92F2923CF I‘ 16. Intellectual Property Grantee represents and warrants that it owns or has the right to use all intellectual property that will be employed by Grantee or its agents in the performance of this Agreement, including without limitation, Grantee's obligations under subsection(c)below. All works and matters created or discovered through the performance of this Agreement, including but not limited to, implementation methodologies, best practices guides and training curricula(the "Work"), are owned by the Grantee provided, however, that the Work may be used by Grantee only in furtherance of charitable purposes (i.e., activities recognized by the IRS as charitable and not resulting in"unrelated business taxable income" as defined in Section 512 of the Code),unless otherwise agreed in writing by The Colorado Health Foundation. Grantee hereby grants to The Colorado Health Foundation a nonexclusive, irrevocable, perpetual, worldwide, fully transferable, royalty-free license to (i) the Work, to make,use, sell, license to others, reproduce, create derivative works of, publish, republish, distribute, perform and display the Work in any current or future form and for any purpose in furtherance of charitable purposes, and(ii) any other intellectual property incorporated into or used in connection with the Work to the extent reasonably necessary to enable The Colorado Health Foundation to use and practice the licensed Work. The license herein granted to The Colorado Health Foundation shall vest without any further action on the part of Grantee. Without the prior written consent of The Colorado Health Foundation, Grantee will not enter into any agreement with a third party that would restrict Grantee's ability to perform its obligations under this subsection(c). 17. Disclaimer Nothing contained herein, including the required reporting and review procedures, shall be construed as a warranty, representation, or approval by The Colorado Health Foundation that the services rendered by Grantee are adequately or properly rendered on either an individual or program-wide basis. Grantee shall have sole responsibility for all damages, costs, fines, attorneys' fees, or liabilities of any kind or nature arising from any claims, demands or suits resulting from the Grantee's performance or failure to perform under this Agreement. 18. Controlling Document The terms and conditions of this Agreement shall be the controlling document between The Colorado Health Foundation and Grantee. All verbal communication, notes, minutes or other documentation of The Colorado Health Foundation shall be deemed merged into this Agreement. In making this Grant, The Colorado Health Foundation has relied on the information and representations submitted to The Colorado Health Foundation by Grantee and Grantee represents that all such information and representations are true and complete. Grant ID#9379 -7- DocuSign Envelope ID: B75A1A57-EBBE-45B6-8521-EDE92F2923CF 19. Future Funding Grantee acknowledges that, except as expressly provided in this Agreement, The Colorado Health Foundation has no obligation to Grantee with respect to any additional or future funding. 20. Counterparts; Electronic Signature This Agreement may be signed in multiple counterparts,which may be signed by the parties separately, but together shall constitute a single agreement. The counterparts of this Agreement may be executed and delivered by facsimile, email, other means of electronic transmission, or other electronic signature and shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement. [Signature Page Follows] Grant ID#9379 -8- DocuSign Envelope ID: B75A1A57-EBBE-45B6-8521-EDE92F2923CF L [n+,. July 18, 2018 Amy Latham Date Vice President, Philanthropy The Colorado Health Foundation The undersigned certify that they are duly authorized officers of Grantee and, as such, are authorized to accept this contract on behalf of Grantee, to obligate the Grantee to observe all of the terms and conditions placed on this Agreement, and in connection with this Agreement to make, execute, and deliver on behalf of the Grantee all agreements, representations,receipts, reports, and other instruments of every kind. ACCEPTED AND AGREED TO: Scott wright CEO/Executive Director of Town of Avon (typed/printed name) S(At hioLf July 13, 2018 CEO/Executive Director(signature) Date Grant ID#9379 -9- DocuSign Envelope ID: B75A1A57-EBBE-45B6-8521-EDE92F2923CF I GRANT INFORMATION Organization Name Town of Avon Reference Number G-9379 Grant Amount $140,000 Description Year 1 Total General Operating Personnel Programming/Project Cost Administrative cost related to program Capital 140,000.00 140,000.00 Consultants Fiscal Sponsor's Fee (if applicable) Other(if applicable) University Indirect Costs- max 10% _ Total 140,000.00 140,000.00 Grant ID:9379 - 10-